M/S Gopal Babu Service Station And ANR v. Indian Oil Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13513 of 2016 ======================================================

1. M/s Gopal Babu Service Station, Bus Stand, Mahnar, Vaishali through its proprietor namely Rakesh Kumar son of Sri Vishambhar Prasad Chaudhary Resident of ward no. - 11, P.O. - Mahnar Police Station - Mahnar, District - Vaishali.

2. Rakesh Kumar son of Sri Vishambhar Prasad Chaudhary Resident of ward no. - 11, P.O. - Mahnar Police Station - Mahnar, District - Vaishali, proprietor M/s Gopal Babu Service Station, Bus Stand, Mahnar, Vaishali. .... .... Petitioner/s

Versus

1. Indian Oil Corporation Ltd. through its Managing Director G - 9, Ali Yavar Jung Marg, Bandra East, Mumbai.

2. The Chairman-cum-Managing Director India Oil Corporation Ltd. G - 9 Ali Yavar Jung Marg, Bandra East, Mumbai.

3. Indian Oil Corporation Marketing Division Patna, through SDRSM, Patna.

4. The Sr. Divisional Retail Sales Manager Indian Oil Corporation Patna Divisional Office Patna.

5. The General Manager Indian Oil Corporation Ltd. Bihar State Office, Patna.

6. The Manager (Retails Sales) Indian Oil Corporation Patna Divisional Office, Patna.

7. The Deputy Manager (Retails Sales) Indian Oil Corporation Patna Divisional Office - Patna - 1.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yugal Kishore, Sr. Advocate Mr. Sachindra Kumar Tiwary For the IOC : Mr. Anil Kumar Sinha, Mr. Amlesh Kumar Verma.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned counsel for the Indian Oil Corporation.

Learned counsel for the Indian Oil Corporation submits that present writ petition is not maintainable. Learned counsel for the petitioner has fairly accepted

Patna High Court CWJC No.13513 of 2016 (4) dt.21-08-2017 the objection raised by the Indian Oil Corporation and he seeks permission to withdraw the writ petition with a liberty to take action in terms of Arbitration and Conciliation Act, 1996.

Permission is accorded.

Accordingly this writ petition is dismissed as withdrawn with the aforesaid liberty.

(Shivaji Pandey, J) Vinay/- U